A State Governor Pardon for an abortion?

[3825-87867]

I need someone to clarify this reasoning as I’m not a lawyer. So I’m hopeful someone can provide some input or an answer.

If I understand correctly, the SCOTUS decision threw the law on abortion back to the states. In that case, it would seem an abortion is NOT a federal crime, rather only a state or local crime. Is that correct?

Most states (but not all) allow the Governor to issue pardons for people convicted or accused of state or even local crimes regardless of the severity. Some require special appointees to recommend the decision to the Governor. Once a pardon is granted, it may be possible, but very unlikely that the legislatures have the power to overturn a Governor's pardon because of their Constitutions.

In that case, would a woman accused of having an abortion or a doctor providing one in a state that made abortion illegal, be “pardonable”, especially by a Democratic Governor? And would that be “forever?” I don’t know what all the State Constitutions say but it might be worth looking into especially in those states with Republican Legislatures who have criminalized abortion.

Here in Pa. the Republicans have controlled our Congress for most of 40 years. It would seem with a Democratic Governor, even with legislation passed by our heavily partisan Republican Legislature possibly criminalizing abortion, our current Democratic Governor and hopefully Candidate Josh Shapiro could pardon the woman and doctor.

By the way, if it is a Federal crime, then the President can pardon the convicted or accused.

Asking for Women.

[GregariousGroundhog]

1. You may be interested in this link:

https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncharacteristics-of-pardon-authorities-2/

On one extreme you have six states where the pardons are offered by an independent board and on the other end you have five states where there exist no pardon/clemency board. The other states fall somewhere in-between in the continuum with governor and the board having varying amounts of power.

In your state of Pennsylvania, the governor can only offer a pardon with the consent of the board.

[DetroitLegalBeagle]

2. correct, with some caveats

Mainly, that the Governor's power to pardon will be limited by that states laws and state Constitution. But you are correct in that the ruling did not make abortion illegal at the Federal level. It sent its legality back to the states.